Irish Aviation Authority Act, 1993
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———————— Number 29 of 1999 ———————— IRISH AVIATION AUTHORITY ACT, 1993 ———————— ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Application to state aircraft. 4. Saving for lighthouse authorities. 5. Provisions in relation to orders and regulations made by Minister or company. 6. Laying of orders and regulations before Houses of Oireachtas. 7. Directions by Minister to company. 8. Disposal of monies received by Minister. 9. Expenses. 10. Repeals. PART II Establishment and Administration of Company 11. Formation of company. 12. Name and capital formation of company. 13. Form of memorandum of association. 14. Objects of company. 15. Conferral of additional functions on company. 16. General duty of company. [1993.] Irish Aviation Authority Act, 1993. [No. 29.] Section 17. Articles of association. 18. Restriction on alteration of memorandum or articles of association. 19. Issue of shares, and creation of debt due, to Minister for Fin- ance in consideration of transfer of property. 20. Issue of share to Minister. 21. Issue of shares to subscribers to memorandum of association of company. 22. Exercise of powers by Minister for Finance in respect of shares. 23. Transfer by Minister for Finance of shares. 24. Obligation of certain shareholders to hold shares in trust. 25. Payment of dividends, etc., into Exchequer. 26. Borrowing by company and subsidiaries. 27. Guaranteeing by Minister for Finance of borrowing by company. 28. Loans by Minister for Finance to company for purposes of working capital. 29. Provision of money for payments out of Central Fund. 30. Accounts and audits. 31. Annual report and furnishing of information to Minister. 32. Reports by company on its technical and safety standards. 33. Disclosure by directors of certain interests. 34. Disclosure by members of staff of certain interests. 35. Prohibition on unauthorised disclosure of information. 36. Decisions by company in relation to technical and safety stan- dards of aircraft and air navigation. 37. Membership of either House of Oireachtas or European Parliament. 38. Chief Executive. 39. Remuneration, etc., of staff. 40. Transfer of staff of Minister to company. 41. Superannuation. 42. Acquisition of land. 43. Charges by company in respect of air navigation and aero- nautical communications services. 2 [1993.] Irish Aviation Authority Act, 1993. [No. 29.] Section 44. Other charges by company. 45. Recoupment by Minister of certain costs of company. PART III Provisions in relation to Eurocontrol Convention 46. Power of Minister to give effect to Eurocontrol Convention. 47. Power of company to give effect to Eurocontrol Convention. 48. Status and privileges of Eurocontrol and privileges of its personnel. 49. Venue for proceedings for recovery of sums due to Euro- control. 50. Enforceability and recognition of determination made in another contracting state. 51. Application for enforcement of determination made in another contracting state. 52. Documents required to accompany request for enforcement of determination. 53. Effect of order for enforcement of determination. 54. Non-recognition or non-enforcement of determination. 55. Enforcement in other contracting states of determination by court in State. 56. Keeping of records by aircraft operators. 57. Parties to Eurocontrol Convention and Multilateral Agreement. PART IV Provisions in relation to Chicago Convention,Certain Other International Agreements and Certain Organisations 58. Power of company to make orders. 59. Power of company to apply certain Annexes to Chicago Con- vention to internal flying. 60. Provisions of orders made by company. 61. Expenses of international organisations. 62. Attendance of company at meetings of or organised by cer- tain international organisations. 63. Negotiation by company of certain agreements with inter- national organisations or other states. 3 [1993.] Irish Aviation Authority Act, 1993. [No. 29.] PART V Miscellaneous Section 64. Costs of investigation by Minister of accidents to aircraft. 65. Powers of company in relation to accidents and other inci- dents affecting aircraft. 66. Power of Minister to require cancellation or refusal of regis- tration of aircraft. 67. Detention of aircraft. 68. Designation of areas of Irish airspace for use by Defence Forces. 69. Charge of rates on property of company. 70. Transfer of certain functions under Wireless Telegraphy Act, 1926, and application of section 3 thereof, to company. 71. Restriction of Worker Participation (State Enterprises) Acts, 1977 to 1991. 72. Miscellaneous amendments of Acts. 73. Proceedings. 74. Offences. PART VI Transitional Provisions 75. Continuance of certain instruments. 76. Continuance of pending legal proceedings. 77. Transfer of land. 78. Transfer of other property. 79. Transfer of rights and liabilities. 80. Transitional financial provisions. 81. Liability for loss occurring before vesting day. SCHEDULE ———————— 4 [1993.] Irish Aviation Authority Act, 1993. [No. 29.] Acts Referred to Air Navigation and Transport Act, 1936 1936, No. 40 Air Navigation and Transport Act, 1946 1946, No. 23 Air Navigation and Transport Act, 1950 1950, No. 4 Air Navigation and Transport Act, 1988 1988, No. 15 Air Navigation and Transport Acts, 1936 to 1988 Air Navigation (Eurocontrol) Acts, 1963 to 1983 Companies Act, 1963 1963, No. 33 Companies Acts, 1963 to 1990 Data Protection Act, 1988 1988, No. 25 Defence Acts, 1954 to 1993 European Assembly Elections Act, 1977 1977, No. 30 European Assembly Elections Act, 1984 1984, No. 6 Foreshore Act, 1933 1933, No. 12 Holidays (Employees) Acts, 1973 to 1991 Minimum Notice and Terms of Employment Acts, 1973 to 1991 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Public Offices Fees Act, 1879 1879, c. 58 Redundancy Payments Acts, 1967 to 1991 Unfair Dismissals Acts, 1977 to 1993 Wireless Telegraphy Act, 1926 1926, No. 45 Worker Participation (State Enterprises) Acts, 1977 to 1991 5 ———————— Number 29 of 1993 ———————— IRISH AVIATION AUTHORITY ACT, 1993 ———————— AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A COMPANY, TO BE KNOWN AS U´ DARA´ S EITLI´OCHTA NA hE´ IREANN OR, IN THE ENGLISH LANGUAGE, THE IRISH AVIATION AUTHORITY, TO PROVIDE CERTAIN SERVICES IN RELATION TO CIVIL AVI- ATION, TO DEFINE ITS FUNCTIONS AND TO PRO- VIDE FOR THE CONFERRAL ON IT OF CERTAIN FUNCTIONS OF THE MINISTER FOR TRANSPORT, ENERGY AND COMMUNICATIONS UNDER THE AIR NAVIGATION AND TRANSPORT ACTS, 1936 TO 1988, AND THE AIR NAVIGATION (EUROCONTROL) ACTS, 1963 TO 1983, TO AMEND THE AIR NAVIGATION AND TRANSPORT ACTS, 1936 TO 1988, AND TO PROVIDE FOR RELATED MATTERS. [1st December, 1993] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title and 1.—(1) This Act may be cited as the Irish Aviation Authority Act, commencement. 1993. (2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions (including the application of section 10 to different enactments specified therein). Interpretation. 2.—(1) In this Act, except where the context otherwise requires— ‘‘the Act of 1946’’ means the Air Navigation and Transport Act, 1946; ‘‘the Act of 1988’’ means the Air Navigation and Transport Act, 1988; ‘‘the Acts’’ means the Air Navigation and Transport Acts, 1936 to 1988; ‘‘aerodrome’’ includes an area of water intended for use for landing 6 [1993.] Irish Aviation Authority Act, 1993. [No. 29.] or taking off by aircraft and also includes an area, whether on land or water or on a building or other structure or elsewhere, intended for use for landing or taking off by aircraft capable of descending or climbing vertically; ‘‘aeronautical communications services’’ means services providing communications facilities for any purpose connected with aviation; ‘‘the Agency’’ means the Agency for the safety of air navigation com- prised in Eurocontrol; ‘‘air navigation services’’ includes services providing, giving or issu- ing information, directions or instructions, or other facilities, for the purposes of or in connection with the navigation or movement of aircraft; ‘‘aircraft’’ means a machine that can derive support in the atmos- phere from the reactions of the air, other than the reactions of the air against the earth’s surface; ‘‘airspace’’ means the atmosphere above ground or sea level through which aircraft can fly; ‘‘authorised officer’’ means— (a) an officer of the Permanent Defence Force holding a com- missioned rank, (b) an officer of the Minister, (c) an officer of customs and excise, or (d) a member of the staff of the company, authorised in writing by the Minister to perform the functions con- ferred on authorised officers by or under this Act; ‘‘authorised officer of the company’’ means a person referred to in paragraph (a), (b), (c) or (d) of the definition of ‘‘authorised officer’’ authorised in writing by the company to perform the functions con- ferred on authorised officers of the company by or under this Act; ‘‘the Chicago Convention’’ means the Convention on International Civil Aviation opened for signature at Chicago on the 7th day of December, 1944, and includes the Annexes thereto and any amend- ment of the said Convention or Annexes whether made before or after the commencement of this section and any Annexes added to the Convention after such commencement; ‘‘the Chief Executive’’